South Euclid residents will have the opportunity to decide Oakwood zoning at ballot box

SOUTH EUCLID -- Residents will decide whether or not the Oakwood retail development moves forward when they go to the ballot box Nov. 8.

The Ohio Supreme Court ruled Sept. 7 that a referendum petition circulated by those opposing the development is valid. This means residents will have the opportunity to decide whether the former Oakwood Country Club site, off Warrensville Center Road, should be rezoned for retail use, or revert to its prior residential zoning.

First Interstate Properties and its president, Mitchell Schneider, the developer of Legacy Village, plan a retail center on 40 acres of the portion of the country club located in South Euclid (its western portion is within Cleveland Heights).

Schneider has committed to green building and has given to South Euclid 21 acres of the property he bought in December to be preserved as greenspace. The development is to include at least one “big box” retailer.

Those who oppose the development, led by the group Citizens for Oakwood, want to see the property remain green and undeveloped. The group is also opposed to a big box retailer coming to the site.

They contend that if Oakwood Commons is built it will increase traffic, bring more noise to the area, and add to an existing glut of retail in the area at a time when e-commerce is lessening the need for physical stores.

‘Grateful’ Citizens

Citizens for Oakwood founder Fran Mentch, a Cleveland Heights resident, was pleased with the court’s decision.

“We’re grateful that the Supreme Court upheld the people’s right to vote,” Mentch said. “A referendum is a citizens’ veto. It’s good news for democracy and the country, not just the city, that people get the opportunity to vote on an important issue.”

Mentch said a confident CFO have been preparing for the court decision by planning how it will inform the public about why it is important to overturn the rezoning.

“We’ll take the traditional routes, the mailings, meetings, going door to door and phone calls, and we’ll do some social media,” she said. “It’s a referendum on the community and the region.”

CFO’s first planned event is a 7 p.m. meeting Sept. 26 at the South Euclid Community Center, 1370 Victory Drive.

Mentch noted that voters will only be able to vote yes or no to rezoning, not on development at Oakwood.

“A vote is a blunt instrument,” she said.

Although CFO had turned in to South Euclid enough valid signatures to have the referendum put on the November ballot, the city disallowed a vote because the petitioners did not first put their petitions before the city’s finance director, who acts as the city’s auditor.

Following the law

Law Director Michael Lograsso gave the opinion that the petitions were invalid because, while the city’s charter did not speak directly to taking petitions before the city auditor, state code does. If the charter does not cover a situation, the state code is put into use.

“I don’t agree with (the Ohio Supreme Court ruling) but it’s now the law and we will follow the law,” Lograsso said.

The issue is expected to be on City Council’s agenda at its Sept. 12 meeting. Council can either rescind its rezoning, or vote to put the referendum on the ballot.

Council Clerk Keith Benjamin said he will recommend on Sept. 12 that council put the issue on the ballot.

“I won’t be voting to rescind the rezoning,” said Council President David Miller.

Miller said Sept. 8 that he wants to read the Supreme Court’s decision, but said of it, “It’s an opportunity for us to educate the public about the importance of (the) Oakwood (development) and what it means to our city. It’s something I believe is very important to us.”

Campaigning for development

A First Interstate press release said the company will campaign to gain the public’s vote.

“We are surprised and disappointed by this ruling because we had a strong case before the court,” Schneider stated in the release. “We will now take our case to the voters.”

Schneider said he feels “very good about our chances” to win the referendum vote.

“We conducted a survey in the spring and found that most residents of South Euclid want a mix of public green space and new retail options in their community. An overwhelming majority also think the new jobs and tax revenue are very important to the community.

“Despite the ruling, we will proceed with our planning process. We are in the process of having the (South Euclid) Planning Commission review our site improvement drawings.”

If the zoning reverts to residential, the city’s zoning code would permit First Interstate to construct, in addition to homes institutions such as a college, day care or senior living facilities, and more. If this alternate plan is put into effect, Benjamin said, there would be a chance the city would not receive the 21 acres of greenspace.”

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